Chattisgarh High Court
Bablu Kumar Soni vs Union Of India on 5 August, 2022
-1-
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6068 of 2022
Sanjay Gupta S/o Balgovind Gupta Aged About 35 Years Resident Of
Village - Jamvantpur (Bulganv), Police Station - Ramanujganj, District
Balrampur Chhattisgarh.
---- Petitioner
Versus
Union Of India Through Railway Protection Force Ambikapur, District
Sarguja Chhattisgarh.
---- Non-applicnat
MCRC No. 6112 of 2022
Bablu Kumar Soni S/o Shri Kedar Prasad Soni, Aged About 40 Years
R/o Ward No. 09 Ramanujganj PS Ramanujganj, District : Balrampur,
Chhattisgarh
---- Applicant
Versus
Union Of India Through SHO RPF Thana Ambikapur District Sarguja,
Chhattisgarh
---- Non-applicant
For Applicants - Mr. Amit Kumar Chaki, Advocate (in MCRC No.6068 of 2022)
and Mr. Dheerendra Pandey, Advocate (in MCRC No.6112 of 2022).
For Non-applicant/Union of India - Mr. T.D. Diwan, Advocate (in MCRC
No.6068 of 2022) and Ms. Anmol Sharma, Advocate (in MCRC No.6112 of
2022).
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
05-08-2022
1.
As both these applications arise out of the same Crime No.10/2022,
they are being decided by this common order.
2. Both these applications are first bail application of the applicants filed
under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since
27-06-2022 in connection with Crime No.10/2022 registered at Police Station
Railway Protection Force Post Ambikapur/RPF Thana Ambikapur, District
Surguja (C.G.) for the offence punishable under Section 3(a) of R.P.U.P. Act.
3. As per the allegation, the applicants were found in possession of stolen
Over Head Equipment (O.H.E.) wire which is being used to connect the pole
on railway tracks. The Senior Section Engineer O.H.E. Baikunthpur Road
Station informed the police that near Shiv Prasad Nagar Station at K.m.
No.991/8-11 which was under construction the O.H.E. contact wire 95 meters
has been stolen. The information was given and on the basis of the information
a complaint case was filed before the Railway Magistrate Bilaspur against four
persons. It is informed by learned counsel for the non-applicant that two
accused persons are still absconding, whereas, the present applicants were
arrested on 27-06-2022. The allegation against the present applicants is that
they purchased the stolen O.H.E. wire and other equipments.
4. Learned counsel for the applicants submit that they are bonafide
purchaser and they had no knowledge that the articles which they had
purchased were the stolen articles. They indulged in the business of scrape
purchasing since long back. They further submit that the case has been
registered on the complaint and the applicants are in jail since 27-06-202. They
further submit that as per the provision of Section 3(a) of the Railway Property
(Unlawful Possession) Act, 1966 (in short 'the R.P.U.P. Act'), for the first
offence, with imprisonment for a term which may extend to five years, or with
fine, or with both and in the absence of special and adequate reasons to be
mentioned in the judgment of the Court, such imprisonment shall not be less
than one year and such fine shall not be less than one thousand rupees, if any
person is found in possession of railway property.
5. On the other hand, learned counsel for the non-applicant opposes the
bail applications.
6. Having considered the rival submissions of the respective Advocates,
particularly considering that the applicants are scrape purchasers and the
punishment contemplated in Section 3(a) of the R.P.U.P. Act is not so harsh
and the word 'or with fine' is used, the applicants are in jail since 27-06-2022, I
am of the opinion that it is a fit case to grant bail to the applicants in both the
applications. Accordingly, both these applications filed by the applicants under
Section 439 of the Cr.P.C. for grant of regular bail are allowed.
7. It is directed that in the event of each of the applicants executing a
personal bond for a sum of Rs.50,000/- with one surety each in the like sum to
the satisfaction of the concerned Trial Court, the applicants shall be released
on bail, on following conditions :-
(i) they shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case so as to dissuade him from disclosing such fact to
the Court,
(ii) they shall not act in any manner which will be prejudicial to
fair and expeditious trial, and
(iii) they shall appear before the trial Court on each and every
date given to them by the said Court till disposal of the trial,
(iv) they shall not involve themselves in any offence of similar
nature in future.
8. It is made clear that if these applicants are found in same type of activity
in future, the same shall be reported to the concerned court and their bail
bonds shall be cancelled.
Sd/-
(Rakesh Mohan Pandey)
Judge
Aadil
